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february 1977

Supreme Court of India · 1977-02-09

KRISHAN MURARI LAL SEHGAL vs STATE OF PUNJAB

Citation / case number
SC 1969/60209
Court
Supreme Court of India
Petitioner
KRISHAN MURARI LAL SEHGAL
Respondent
STATE OF PUNJAB
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that under Article 311(1) of the Constitution, a government servant cannot be dismissed by an authority subordinate to the appointing authority. The Court found that the Financial Commissioner, being subordinate to the Governor, lacked the authority to dismiss the appellant, who was confirmed under the Patiala and East Punjab States Union Civil Services (Punishment and Appeals) Rules, 1953. The dismissal was thus deemed illegal, and the appeals were allowed, reversing the High Court's decision.

KRISHAN MURARI LAL SEHGAL vs STATE OF PUNJAB · Niyam